THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2

 ISSUE CONTENTS: 

 

1. Defense of the Fatherland ─ the sacred duty and duty of every citizen of the Russian Federation.

Polunin S.V. Head of the Department of constitutional and administrative law,

Novosibirsk military Institute named after General of the army I. K. Yakovlev of national guard troops of the Russian Federation, сolonel of justice, pvsvpo@mail.ru

German E.S. Novosibirsk military Institute named after General of the army I. K. Yakovlev of national guard troops of the Russian Federation, pvsvpo@mail.ru

Abstract: the article analyzes the content of the constitutional law on the protection of the Fatherland. The realities of today actualize the need to update the legislation, focused on the implementation of the vital interests of the state, state and public security. Historical and legal analysis confirms the correctness of the conclusions of the authors.

Keywords: protection of the Fatherland, military duty, duty, military service, alternative civil service.

 

2. Military pay and military pensions: inflation and indexation.

V. M. Koryakin, doctor of law, Professor, Deputy Director of the Law Institute of the Russian University of transport( MI-it), Professor of the Military University, pvsvpo@mail.ru

Abstract: the article analyzes the norms of the budget legislation, as well as the legislation on the monetary allowance of servicemen and on the pension provision of persons who have served in the military. An assessment of the negative impact of the suspension of the operation of the rules on the indexation of money allowances on the welfare of families of servicemen and persons discharged from military service. The norms of the budget legislation on the prospects of increasing the amount of military pay and military pensions in 2019 are commented on.

Keywords: monetary allowance of the military personnel; salaries of the monetary allowance; pension provision of the persons passing military service; inflation; indexation of the monetary allowance and military pensions.

 

3. On the pension ensuring of military servants.

Bagdasaryan I.A., PhD in law, associate Professor, head of Department of military law Military University of the Ministry of defence of the Russian Federation, pvsvpo@mail.ru

Abstract: the article deals with the issues of legislative regulation of pension provision of military personnel

Keywords: monetary allowance of military personnel, pension provision of military personnel, indexation of salaries for military positions and salaries for military ranks, inflation

 

4. On the justification of the requirements for educational qualifications for a candidate for the post of military judge.

Kharitonov SS, PhD in Law, Professor, Justice Colonel Stock, pvsvpo@mail.ru

Annotation: the article analyzes the legal norms that define the requirements for the presence of higher legal education in the context of the legal regulation of the system for obtaining such an education for the qualification exam for a judge of a military court.

Key words: military court, qualifying exam for a judge, higher legal education, federal state educational standard, specialization, enlarged group of specialties and areas of training "Jurisprudence".

 

5. Divorce as a legal fact, entailing a change in the amount of social guarantees provided to the families of soldiers.

Dubrovskaya T.V. post-graduate student of the Law Institute of the Russian University of transport (MIIT), pvsvpo@mail.ru

Koryakin V.M., doctor of law, Professor, Deputy Director of the Law Institute of the Russian University of transport (MIIT), Professor of the Military University, pvsvpo@mail.ru

Annotation. The article deals with the legal consequences of divorce by military personnel, which leads to a change for guarantees provided to their families. The analysis of the legislation on social guarantees of military families is given; the content of the basic social guarantees established for spouses of military personnel is shown. Shown disputes arising upon termination of military marriage, in housing of their former spouses, production them monetary benefits, pension, etc.

Key words: divorce; family of the service member; social guarantees of families of the military personnel; housing.

 

6. On the expansion of government customers’ requirements to defense suppliers.

Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, pvsvpo@mail.ru

Abstract. The article deals with the Russian Ministry of Defense’s proposal to amend the Federal Law of December 29, 2012 No. 275-FZ “On the State Defense Order" in order to establish restrictions for legal entities, individual entrepreneurs and individuals involved in the illegal production, delivery and purchase of products for the creation of military and special purpose products. The author makes the conclusion about the necessity to narrow the subject limits of the proposed restrictions and adjust the requirements for persons involved in the supply of products for the state defense order. The adoption of the norms ensuring compliance with these requirements is proposed.

Keywords: government procurement; defense procurement and acquisition; contract system; requirements to procurement participants

 

7. Compensation for damage caused by the lawful actions of military organizations and military officials: today and tomorrow.

Rakhimov O.A., the four-year cadet of the prosecution and investigation faculty of the Military University of Russian Defense Ministry, pvsvpo@mail.ru

Annotation: the article deals with the issues related to the procedure of compensation for damage caused by lawful actions of military organizations and military officials. The research considers the disadvantages of the existing system of legislative regulation of this area of public relations, law enforcement practice, puts forward proposals to change this system in order to more effective and complete protection of human and civil rights and freedom in the Russian Federation.

Key words: civil legislation, compensation of damage, sources of increased danger, military operations, military organizations.

 

8. A medical examination at the direction on alternative civil service.

Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, pvsvpo@mail.ru

The article deals with the procedure of medical examination of citizens who are sent to the alternative civil service. The author examines examples of violations of the rights of citizens in the course of this procedure: the refusal of military department officials to demand medical documents on the state of health of citizens and illegal administrative prosecution for evasion of medical examination.

Keywords: alternative civil service, conscription, draft board, military department, medical examination, medical inspection, medical card, category of validity, administrative responsibility.

 

9. Granting to citizens of delays from military service in connection with the receipt of secondary professional education.

Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, pvsvpo@mail.ru

The author examines the issue of postponements from military service citizens who receive vocational secondary education who have reached military age during the period of study in school.

Keywords: postponement of conscription, secondary vocational education, college, technical school, draft board, Сonstitutional court.

 

10. Careless encounter of harm in crimes involving violation of special rules.

Eermolovich Y. N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», pvsvpo@mail.ru

Abstract. The article discusses the problematic issues of committing reckless crimes involving the violation of special rules by two or more persons, suggests ways to solve the revealed contradictions of the current legislation and the theory of criminal law.

Keywords: criminal liability, military personnel, military criminal legislation, military criminal law, negligent crime, careless contact, violation of special rules.

 

11. Collisions of the Criminal code of the Russian Federation and the Federal law "on troops of national guard of the Russian Federation" about the right to harm at detention of the person who committed the crime.

Chukin D. S., senior lecturer of the Department of criminal procedure and criminology of the Saratov military order Zhukov of the red banner Institute of the national guard of the Russian Federation, lieutenant colonel of justice, pvsvpo@mail.ru

Summary: the article analyzes the provisions of the Criminal code of the Russian Federation and the Federal law "on the troops of the national guard of the Russian Federation" in terms of the legality of causing harm in the detention of a person who committed a crime. It is concluded that the rights of servicemen (employees) of the national guard troops are significantly reduced by the Federal law "on troops of the national guard of the Russian Federation" in comparison with the Criminal code. It is proposed to eliminate legal inequality by amending the Federal law and bringing it into line with the Criminal code.

Key words: detention of the person who committed the crime; conditions of lawfulness of infliction of harm; rights of servicemen of the national guard troops to use weapons and special means; restriction of rights; conflicts of legislation.

 

12. Development of military penal legislation of Russia of responsibility for willful abandonment of part of or duty station.

Stepanenko N.E., Associate Professor of the Department Criminal Law, Candidate of Legal Sciences Military University, pvsvpo@mail.ru

Luskan V.S., 5-year cadet of prosecutorial and investigative faculty Military University, pvsvpo@mail.ru

Abstract: this paper presents the historical and legal study on the development of military penal legislation of Russia liability for willful abandonment of part of or duty station. It is also proposed to clarify the wording of part 1 of article 337 of the Criminal Code of Russian Federation.

Keywords: evasion of military service, unauthorized abandonment, failure to appear, leaving one place, unauthorized service evasion.

 

13. Features of the legal status of servicemen participating in the conduct of the counter-terrorist operation.

Kapitonova Y.A., PhD (candidate of juridical sciences) associate professor at the criminal law chair of the law department of Penza State University, pvsvpo@mail.ru

The article presents the author's vision of the content of the legal status of servicemen taking part in the counter-terrorist operation. The peculiarities of this subspecies of the special legal status of the military man are singled out. Rights are examined, presented in the form of additional guarantees, as well as a framework for expanding and narrowing the responsibility. Based on the analysis of the current legislation and judicial practice, the author identifies gaps and contradictions in the sphere of realizing the legal status. Specific proposals are being formulated to improve the legal regulation in this area.

Keywords: servicemen, legal status, counter-terrorism operation, social guarantees, limited liability

 

14. Methods of artificial intelligence in support of the rule-making process, aimed at protecting the rights of persons with disabilities as a result of military trauma, in a constantly changing technological reality.

Skovorodko A.B., Candidate of the Department of constitutional and administrative law of the National Research University Higher School of Economics, pvsvpo@mail.ru

The article is devoted to the analysis of modern possibilities of artificial intelligence technologies in law-making.

Keywords: rule-making process, monitoring of law enforcement, natural language processing, information search, detection of implicit connections, semantic analysis, artificial intelligence, inaction of authorities, transformation of law, person with disabilities as a result of military trauma.

 

15. Military clergy as an organizational and legal means of strengthening the country's defense (questions of improvement of legal work). Part 2.

Ovcharov O.A., candidate of legal Sciences, pvsvpo@mail.ru

The article briefly discusses and analyzes some problems of improving the legal work in the field of defense by improving the state-Church relations, changes in the legislation on defense, taking into account the implementation of the potential of the military clergy in the implementation of the rights of military personnel to freedom of religion and other powers in the religious sphere,

Key words: legal work, the right of servicemen to freedom of religion, military clergy, military service.